Welcome to the Weekender, where the unpredictability of cryptocurrency rivals that of human emotions.
The Changing Landscape of Prenups
In 2026, couples still share playlists and vow eternal love, but now they’re also navigating custody agreements for digital assets, debating who covers transaction fees, and realizing their shared savings include a wallet under the name DefinitelyNotMaritalAssets.eth.
Insights from the UK Prenup Report
Younger generations are accumulating wealth in ways that current legal frameworks struggle to accommodate, such as through cryptocurrency, monetized social media, and personal brands. Recent findings from Irwin Mitchell, a law firm in the UK, revealed on January 16.
Among 1,000 Brits aged 18 to 44 with assets, 47% expressed openness to the idea of a prenup, 32% reported owning cryptocurrency, and 58% of those with crypto indicated they would consider a prenup to safeguard their digital wealth.
The creator economy is also demonstrating its influence, with 17% identifying as content creators, and 65% contemplating prenups to protect their monetized accounts.
Additionally, 67% of digital asset holders feel the laws have not adapted to the evolving digital landscape.
Crypto in Prenups and Divorce Proceedings
Interestingly, cryptocurrencies are increasingly regarded as property in several jurisdictions. In England and Wales, the Property (Digital Assets etc) Act 2025 clarifies that digital assets, including crypto tokens, have property rights, providing clarity in marital estates that may involve Bitcoin alongside renovation budgets.
In practical terms, crypto complicates breakups into three major challenges: locating it, valuing it, and transferring it. While finding it can be straightforward (blockchains are traceable), it requires knowing where to look, such as exchanges or wallets.
Valuing crypto introduces chaos, with prices shifting dramatically, indicating a need for legal professionals to advocate for up-to-date valuations.
Moving the assets poses its own challenges, as access often depends on private keys, device access, or cooperation from exchanges.
Best Practices for Listing Crypto in Legal Documents
- Clearly describe the asset: Include the token/NFT name, blockchain, quantity, and storage location (exchange account ID, wallet address).
- Specify the valuation method: Choose relevant dates and pricing sources for accurate valuation.
- Address access issues: Identify who controls private keys and how to handle refusal to cooperate regarding asset distribution.
Memorable Crypto-Related Legal Cases
- Rosemin-Culligan v. Culligan [2025] EWFC 1 (U.K.): This case highlighted a Bitcoin investment that escalated from £10,000 (about $13,600) in 2012 to £20 million during divorce proceedings.
- Chao Liu v. Junhua Chang (Washington, U.S.): The court tackled the division of Bitcoin holdings by opting for offsets rather than direct transfers.
- In re Marriage of DeSouza (California, U.S.): This case involved a spouse who failed to disclose cryptocurrency activity, leading to legal consequences.
- LaFond v. LaFond (Nevada, U.S.): Allegations of misrepresentation regarding Bitcoin valuations led to post-divorce litigation.
- Wohlt v. Wohlt (Indiana, U.S.): The court classified cryptocurrencies mined and traded by a family business as part of the marital asset settlement.
- The $500,000 hidden-Bitcoin standoff (reported 2023): An allegation of hidden Bitcoin became a complex issue of access and cooperation, involving a ledger device and PIN.
The Advantages of Digital Assets in Relationships
The positive outcome of these discussions? Couples are now addressing financial topics early and in detail. However, these conversations now incorporate terms like “cold storage,” “staking rewards,” and “multi-sig.”
Think of it as a new dialect of love, nestled between “I trust you” and “Please confirm you’ve disclosed all wallets.”
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